http://www.legislation.gov.uk/asc/2026/3/enactedHomelessness and Social Housing Allocation (Wales) Act 2026enKing's Printer of Acts of Parliament2026-04-13Homelessness and Social Housing Allocation (Wales) Act 20262026 asc 3

An Act of Senedd Cymru to reform the law on support to prevent and end homelessness and to reform the law about the allocation of social housing.

[1 April 2026]

Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:

PART 1HOMELESSNESSHelp to prevent homelessness
1Meaning of “threatened with homelessness”(1)

Section 55 of the Housing (Wales) Act 2014 (anaw 7) (“the 2014 Act”) (meaning of homeless and threatened with homelessness) is amended as follows.

(2)

In subsection (4), for “it is likely that the person will become homeless within 56 days.” substitute —(a)

the person has received written notice requiring the person to give up occupation of the person’s accommodation,

(b)

an application has been made to the High Court or the county court for an order for possession of the person’s accommodation by another person, or

(c)

it is likely that the person will become homeless within 6 months (whether paragraph (a) or (b) applies or not).

(3)

After subsection (4) insert—(5)

Subsection (4)(a) applies only to notice requiring a person to give up occupation of accommodation given by a person who appears entitled to give such notice in respect of the accommodation, regardless of—

(a)

whether the notice is otherwise valid, and

(b)

the merits of any potential claim for possession of the accommodation by the person who gave the notice.

2Help to prevent an applicant from becoming homeless(1)

The 2014 Act is amended as follows.

(2)

Omit section 65 (meaning of help to secure).

(3)

In section 66 (duty to help prevent an applicant from becoming homeless)—

(a)

for subsection (1) substitute—(1)

This section applies if a local housing authority is satisfied that an applicant is threatened with homelessness and eligible for help.

(1A)

The authority must help to secure that suitable accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose.

(1B)

Subsection (1A) does not require the authority to secure an offer of accommodation under Part 6 of the Housing Act 1996 (c. 52) (allocation of housing) or otherwise provide accommodation.

;

(b)

in subsection (2), for “(1)” substitute “(1A)”.

Assessment of needs and plans for securing accommodation and support
3Duty to assess and notice of outcome of assessment(1)

The 2014 Act is amended as follows.

(2)

In section 62 (duty to assess)—

(a)

in subsection (3), after “applies” insert “and, in sections 85, 86 and 88 only, includes a person who has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation but the authority has decided not to carry out an assessment of the person’s case”;

(b)

in subsection (5)(c)—

(i)

the words from “to retain” to the end become sub-paragraph (i);

(ii)

after “available” insert , or(ii)

to overcome any barrier to living independently

;

(c)

in subsection (5), after paragraph (c) insert—(ca)

the support needed by the applicant to make communication with the applicant in the exercise of functions under this Chapter accessible to the applicant;

;

(d)

in subsection (6)—

(i)

for paragraph (a) substitute—(a)

seek the views of the applicant on the matters that it must assess under paragraphs (a) to (ca) of subsection (5) and have regard to those views;

;

(ii)

for paragraph (b) substitute—(b)

make inquiries relevant to the assessment regarding the personal characteristics and circumstances of the applicant and any member of the applicant’s household.

;

(e)

in subsection (7), for “subsections (5) and (6)” substitute “subsection (5)”;

(f)

omit subsections (9), (10) and (11).

(3)

In section 63 (notice of the outcome of assessment)—

(a)

in the heading, after “assessment” insert “and decisions”;

(b)

before subsection (1) insert—A1

If a local housing authority decides not to carry out an assessment of the case of a person who has applied to the authority under section 62, the authority must notify the person and inform the person of the reasons for its decision.

;

(c)

in subsection (1), after “its assessment)” insert “in respect of the matters described in section 62(4) and in paragraphs (a) to (d) of section 62(5)”;

(d)

in subsection (4)—

(i)

after “subsection” insert “(A1),”;

(ii)

in paragraph (a), after “review of the” insert “assessment or”.

4Prevention, support and accommodation plans(1)

The 2014 Act is amended as follows.

(2)

After section 63 (notice of the outcome of assessment) insert—

63APrevention, support and accommodation plans(1)

If a local housing authority considers that it owes a duty to an applicant under the following provisions of this Chapter, the authority must prepare and maintain a prevention, support and accommodation plan (“a plan”) for the applicant.

(2)

A plan comprises—

(a)

the written records required by this section, and

(b)

any written information or advice for an applicant that the local housing authority considers appropriate.

(3)

A plan may consist of one document or a collection of documents, any of which may be revised in accordance with this section.

(4)

The local housing authority must have regard to its assessment under section 62 in relation to the applicant and any member of the applicant’s household when preparing and reviewing the plan.

(5)

The local housing authority must record in writing—

(a)

the authority’s assessment of the matters described in paragraphs (b), (c) and (ca) of section 62(5),

(b)

any views of the applicant in relation to those matters, and

(c)

any steps the authority is to take to communicate with the applicant in the exercise of its functions under this Chapter in a way that is accessible to the applicant.

(6)

The local housing authority must—

(a)

seek to identify the outcome the applicant wishes to achieve from the authority’s help,

(b)

record the outcome in writing, and

(c)

in preparing and reviewing a plan, have regard to whether the exercise of any function under this Chapter could contribute to the achievement of the outcome.

(7)

The references to steps to be taken in the following subsections are references to steps taken for or in connection with the purpose of securing that the applicant and any other member of the applicant’s household have and are able to retain suitable accommodation.

(8)

The local housing authority must try to agree with the applicant—

(a)

any steps the applicant is to take, and

(b)

the steps the authority is to take in the exercise of any of its functions (including the social services functions of the authority).

(9)

If the local housing authority and the applicant reach an agreement, the authority must record it in writing.

(10)

If the local housing authority and the applicant cannot reach an agreement, the authority must record in writing—

(a)

why they could not agree,

(b)

any steps the authority considers it would be reasonable for the applicant to take, and

(c)

the steps the authority is to take in the exercise of any of its functions (including the social services functions of the authority).

(11)

The local housing authority must record in writing any other steps of which it is aware that another public authority has agreed to take in relation to the applicant.

(12)

The local housing authority must—

(a)

give a copy of any document comprising or forming part of a plan to the applicant;

(b)

notify the applicant in writing of—

(i)

the right to request a review of the plan, and

(ii)

the time within which such a request must be made (see section 85).

(13)

The local housing authority must keep under review the appropriateness of any agreement reached under subsection (8) or steps recorded under subsection (10)(b) or (c) during the period in which the authority considers that it owes a duty to the applicant under the following provisions of this Chapter or that it may do so.

(14)

If the authority considers that any agreement reached under subsection (8) or any step recorded under subsection (10)(b) or (c) is no longer appropriate—

(a)

the authority must notify the applicant, in writing, that it considers the agreement or step is no longer appropriate, and

(b)

subsections (8) to (12) apply again.

(15)

A notification under this section or a copy of any document comprising or forming part of a plan, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority’s office for a reasonable period for collection by or on behalf of the applicant.

63BDuty to review assessments and plans in specific circumstances(1)

If a local housing authority is under a duty to maintain a prevention, support and accommodation plan for an applicant, the authority must review its assessment under section 62 and the plan if any of the circumstances described in subsection (2) apply.

(2)

The circumstances are that—

(a)

a period of 8 weeks has passed without a review since completion of the first plan or the last review of the plan;

(b)

the local housing authority has reason to believe that the circumstances of the applicant, or any member of the applicant’s household, have changed in a way that may affect—

(i)

accommodation needs,

(ii)

support needed to help retain accommodation, or

(iii)

entitlement to help under this Chapter;

(c)

it appears to the local housing authority that a duty owed to the applicant under section 66 or 76A(2) has or is likely to come to an end because the applicant is homeless.

Reviews
5Right to request a review(1)

The 2014 Act is amended as follows.

(2)

In section 84 (notice that duties have ended), after subsection (1), insert—(1A)

Where a local housing authority offers accommodation in the discharge of any duty under this Chapter, it must notify the applicant of the right to request a review of the suitability of the accommodation whether or not the offer is accepted.

(3)

For section 85 (right to request a review) substitute—

85Right to request a review(1)

An applicant has the right to request a review of the matters in subsection (2), subject to subsections (4) to (7).

(2)

The matters that may be reviewed are—

(a)

a decision of a local housing authority as to the applicant’s eligibility for help;

(b)

a decision of a local housing authority not to carry out an assessment of a person’s case under section 62;

(c)

an assessment by a local housing authority of the housing needs of the applicant and any member of the applicant’s household;

(d)

an assessment by a local housing authority of the support needed for the applicant and any member of the applicant’s household—

(i)

to retain accommodation which is or may become available;

(ii)

to overcome any barrier to living independently;

(e)

a prevention, support and accommodation plan;

(f)

a decision of a local housing authority that a duty is not owed to the applicant under section 66, 68 or 75 (duties to applicants who are homeless or threatened with homelessness);

(g)

a decision of a local housing authority that a duty is not owed to the applicant under section 76A(2) (duty to provide help to retain suitable accommodation);

(h)

a decision of a local housing authority that a duty owed to the applicant under section 66, 68 or 75 has come to an end;

(i)

a decision of a local housing authority that a duty owed to the applicant under section 76A(2) has come to an end;

(j)

a decision of a local housing authority under section 80 to notify another local housing authority in Wales or England of its opinion that the conditions for referral are met in respect of the applicant;

(k)

a decision under section 80(5) that the conditions for referral of a case are met;

(l)

a decision of a local housing authority about the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter (whether or not the applicant has accepted the offer).

(3)

If an applicant makes a request to a local housing authority for a review, the authority must (subject to subsections (4) to (7)) review any matter in subsection (2) that appears to the authority to be relevant, whether the applicant specifies the matter to be reviewed or not.

(4)

An authority has no duty under this section to review a decision reached on an earlier review.

(5)

An authority has no duty under this section to review a prevention, support and accommodation plan unless the request for review is made at any time during which the authority is required to maintain the plan.

(6)

An authority has no duty under this section to review the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter unless the request for review is made at any time—

(a)

before the offer is accepted by the applicant and while the offer remains open, and

(b)

if the applicant has accepted the offer—

(i)

at any time when a duty under section 66, 68 or 75 applies to the applicant, or

(ii)

before the end of a period of 6 months beginning with the first day on which the accommodation is available for occupation by the applicant.

(7)

An authority has no duty under this section to review any other matter unless the request for review is made before the end of the period of 21 days (or such longer period as the authority may in writing allow) beginning with the day on which the applicant is notified of the authority’s assessment or decision.

(4)

In section 86 (procedure on review)—

(a)

in subsection (2), for paragraph (a) substitute—(a)

require the review to be carried out by a person with the appropriate level of seniority who was not involved in the assessment, decision or plan under review,

;

(b)

in subsection (4)—

(i)

in paragraph (a), for “decision” substitute “assessment, decision or plan”;

(ii)

omit or(b)

to confirm that reasonable steps were taken.

(5)

In section 88 (right of appeal to county court on point of law)—

(a)

in subsection (1), for “or, as the case may be, the original decision or a question as to whether reasonable steps were taken” substitute “on review or, as the case may be, the original assessment, decision or plan”;

(b)

in subsection (4), after “decision” insert “on review or the original assessment, decision or plan”;

(c)

in subsection (5)(a), omit “against the authority’s decision”.

Reform of duties to secure accommodation
6Duty to secure accommodation for eligible homeless persons with a local connection to Wales(1)

The 2014 Act is amended as follows.

(2)

Omit—

(a)

section 73 (duty to help to secure accommodation for homeless applicants);

(b)

section 74 (circumstances in which the duty in section 73 ends).

(3)

For section 75 (duty to secure accommodation for applicants in priority need when duty in section 73 ends) substitute—

75Duty to secure accommodation for applicants(1)

A local housing authority must secure that suitable accommodation is available for occupation by an applicant if—

(a)

subsection (2) applies,

(b)

subsection (4) does not apply, and

(c)

subsection (7) does not apply.

(2)

This subsection applies if the local housing authority is satisfied that—

(a)

the applicant—

(i)

is homeless, or

(ii)

has suitable interim accommodation that was made available for occupation by the applicant (whether because of steps the authority has taken or not) at a time when the applicant was homeless or threatened with homelessness, and

(b)

the applicant is eligible for help.

(3)

For the purpose of subsection (2)(a)(ii), accommodation is interim if—

(a)

it is secured under section 68,

(b)

the applicant intends, when beginning to occupy the accommodation, to occupy it—

(i)

until the application for help under this Chapter is concluded, or

(ii)

for a period of less than 12 months beginning with the first day the accommodation is available for occupation, or

(c)

the person making the accommodation available for occupation intends, when beginning to do so, that it is available for occupation by the applicant—

(i)

until the application for help under this Chapter is concluded, or

(ii)

for a period of less than 12 months beginning with the first day the accommodation is available for occupation.

(4)

This subsection applies if the local housing authority is satisfied that—

(a)

neither the applicant nor any member of the applicant’s household has a local connection to the area of any local housing authority in Wales, and

(b)

none of the circumstances in subsection (5) apply.

(5)

The circumstances are that the applicant or any member of the applicant’s household—

(a)

is at risk of suffering abuse in an area outside Wales—

(i)

to which the applicant or other member of the applicant’s household has a local connection,

(ii)

in which the applicant or other member of the applicant’s household is living or was living, and

(iii)

is in Wales in relevant circumstances, is living in the area outside Wales where there is a risk of abuse or is living in another area outside Wales for the purpose of seeking refuge from abuse, or

(b)

falls within a prescribed category of person.

(6)

In subsection (5)(a)(iii), the relevant circumstances are that immediately before coming to Wales the applicant or other member of the applicant’s household was—

(a)

living in the area outside Wales where there is a risk of abuse, or

(b)

living in another area outside Wales for the purpose of seeking refuge from abuse.

(7)

This subsection applies if—

(a)

the applicant is a prisoner serving a custodial sentence, and

(b)

the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of 6 months beginning with—

(i)

the day the application for help under this Chapter is made, or

(ii)

if a duty is owed to the applicant under section 66 at any time after the application is made, the day the duty under section 66 comes to an end.

(8)

Subsection (9) applies if the applicant is—

(a)

a prisoner, or

(b)

residing in approved premises.

(9)

The duty in subsection (1) is to be interpreted as a duty to secure that accommodation is available for occupation by the applicant when the applicant is released from detention or no longer required to reside in approved premises (as the case may be).

(4)

In section 142(3)(b)(ii) (orders and regulations), after “section” insert “75(5)(b),”.

7Circumstances in which the duty to secure accommodation for applicants comes to an end(1)

Section 76 of the 2014 Act (circumstances in which the duty in section 75 ends) is amended as follows.

(2)

In subsection (1), for “or (7)” substitute “, (7), (7A) or (7D)”.

(3)

After subsection (7) insert—(7A)

The circumstances are that the local housing authority is satisfied (whether because of steps it has taken or not) that—

(a)

the applicant is no longer homeless,

(b)

suitable accommodation is available for occupation by the applicant otherwise than by virtue of an offer mentioned in subsection (2) or (3),

(c)

the accommodation is likely to be available for occupation by the applicant for a period of at least 12 months, and

(d)

the applicant, having been given notice in writing of the possible consequences of agreeing to the duty in section 75 coming to an end, agrees to the duty in section 75 coming to an end.

(7B)

The period of 12 months mentioned in subsection (7A) begins on the day notice in accordance with section 84 that the authority no longer regards itself as being subject to the duty in section 75 is sent or first made available for collection.

(7C)

But where an applicant is a prisoner or residing in approved premises, the period of 12 months mentioned in subsection (7A) begins on the day the applicant is to be released from detention or is no longer required to reside in approved premises (as the case may be).

(7D)

The circumstances are that—

(a)

the applicant is a prisoner serving a custodial sentence, and

(b)

the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of 6 months beginning with—

(i)

the day the application for help under this Chapter is made, or

(ii)

if a duty is owed to the applicant under section 66 at any time after the application is made, the day the duty under section 66 comes to an end.

(7E)

The duty comes to an end in accordance with this section or section 79 even if the applicant requests a review of any decision that has led to the duty coming to an end (see section 85).

(7F)

The authority may secure that suitable accommodation is available for the applicant’s occupation pending a decision on a review.

8Interim duty to secure accommodation for homeless applicants(1)

The 2014 Act is amended as follows.

(2)

In section 68 (interim duty to secure accommodation for homeless applicants)—

(a)

in subsection (1), for “(3)” substitute “(2A)”;

(b)

for subsection (2) substitute—(2)

This subsection applies to an applicant if the authority has reason to believe the applicant is homeless and eligible for help but is not yet satisfied of those matters.

;

(c)

after subsection (2) insert—(2A)

This subsection applies to an applicant where—

(a)

the authority is satisfied that the applicant has no local connection to the area of any local housing authority in Wales, and

(b)

either—

(i)

subsection (2) applies to the applicant, or

(ii)

the authority is satisfied that the applicant is homeless and eligible for help.

;

(d)

omit subsection (3);

(e)

in the heading, omit “for homeless applicants in priority need”.

(3)

In section 69 (circumstances in which the duty in section 68 ends)—

(a)

in subsection (1), for “(2), (3) (subject to subsection (4) and (5)), (7), (8)” substitute “(1A), (1B), (7)”;

(b)

after subsection (1) insert—(1A)

The circumstances are that—

(a)

the local housing authority has decided that a duty is or is not owed to the applicant under section 75,

(b)

if the authority has decided that a duty under section 75 is not owed, it has not done so solely on the basis that section 75(4) applies, and

(c)

the applicant has been notified of the authority’s decision.

(1B)

The circumstances are that—

(a)

the local housing authority has decided that no duty is owed to the applicant under section 75,

(b)

the authority has done so solely on the basis that section 75(4) applies,

(c)

the applicant has been notified of the authority’s decision, and

(d)

the authority is satisfied that the accommodation it has secured under section 68 has been available to the applicant for a sufficient period to allow the applicant a reasonable opportunity of securing accommodation for occupation by the applicant and any member of the applicant’s household.

(1C)

The period mentioned in subsection (1B) is a period beginning on the day on which the applicant is notified that section 75 does not apply.

;

(c)

omit subsections (2) to (6) and (8);

(d)

in subsection (10), after “this section” insert “or section 79”.

Abolishing entitlement by reference to priority needs and intentional homelessness
9Abolition of differences in entitlement related to priority need(1)

The 2014 Act is amended as follows.

(2)

Omit—

(a)

section 70 (priority need for accommodation);

(b)

section 71 (meaning of vulnerable in section 70);

(c)

section 72 (power to amend or repeal provisions about priority need for accommodation).

10Abolition of differences in entitlement related to intentional homelessness(1)

The 2014 Act is amended as follows.

(2)

Omit—

(a)

section 77 (meaning of intentionally homeless);

(b)

section 78 (deciding to have regard to intentionality).

Local connection referrals
11Referral of cases to another local housing authority(1)

Section 80 of the 2014 Act (referral of case to another local housing authority) is amended as follows.

(2)

Omit subsection (1).

(3)

For subsection (2) substitute—(2)

If a local housing authority considers—

(a)

it is or may be subject to the duty in section 66 (duty to help prevent an applicant from becoming homeless) in respect of an applicant who is a prisoner, and

(b)

that the conditions are met for referral of the applicant’s case to another local housing authority (whether in Wales or England) under subsection (3) or in any prescribed circumstances,

it may notify that authority of its opinion.

(2A)

If a local housing authority considers—

(a)

it is or may be subject to the duty in section 75 (duty to secure accommodation) in respect of an applicant or that it would be subject to the duty were it not for section 75(4), and

(b)

that the conditions are met for referral of the applicant’s case to another local housing authority (whether in Wales or England) under subsection (3) or in any prescribed circumstances,

it may notify that authority of its opinion.

(2B)

But a local housing authority may not notify under subsection (2A) after the applicant has been notified under section 63 that the authority owes a duty under section 75, unless the applicant is a prisoner.

(4)

In subsection (3)(c), for “person who might reasonably be expected to reside with the applicant will run the risk of domestic abuse in that other area” substitute “member of the applicant’s household is exempt from referral (see section 81A)”.

(5)

Omit subsection (4).

(6)

In subsection (5), in the English text, for “satisfied” substitute “met”.

(7)

In section 142(3)(b)(ii) (orders and regulations), after “78(1)” insert “, 80(2)(b), 80(2A)(b)”.

12Meaning of local connection(1)

The 2014 Act is amended as follows.

(2)

In section 81 (local connection), for subsection (4) substitute—(4)

The Welsh Ministers may by regulations specify circumstances—

(a)

in which a person is or is not to be treated as normally resident in an area;

(b)

in which residence in an area is or is not to be treated as of a person’s own choice;

(c)

in which a person is or is not to be treated as employed in an area;

(d)

in which a person is or is not to be treated as having a family association with an area;

(e)

that are or are not to be treated as special circumstances connecting a person to an area.

(3)

In section 142(3)(b) (orders and regulations)—

(a)

in paragraph (i), omit “or 81(4)”;

(b)

in paragraph (ii), after “80(2A)(b)” (inserted by section 11(7)) insert “, 81(4)”.

13Exemption from referral to another local housing authority(1)

The 2014 Act is amended as follows.

(2)

After section 81 (local connection) insert—

81AApplicants who are exempt from referral under section 80(1)

A local housing authority may not refer a case to another local housing authority (whether in Wales or England) under section 80 if any of the circumstances described in subsection (2), (3) or (4) apply in relation to the applicant.

(2)

The circumstances are that the applicant or any member of the applicant’s household—

(a)

is at greater risk of suffering abuse in the area of the authority to which the referral would be made than in the area to which the application is made, or

(b)

falls within a prescribed category of person.

(3)

The circumstances are that the applicant is a prisoner who has been notified under section 63 that a duty is owed to the applicant under section 66 or 75 and a period of 2 weeks has ended, beginning with the day on which the notification was given.

(4)

The circumstances are that a referral has previously been made under section 80 in relation to the same application.

(3)

In section 142(3)(b)(ii) (orders and regulations), after “81(4)” (inserted by section 12(3)) insert “, 81A(2)(b)”.

14Duties to applicants in referral cases(1)

Section 82 of the 2014 Act (duties to applicant whose case is considered for referral or referred) is amended as follows in subsections (2) to (6).

(2)

For subsection (1) substitute—(1)

Subsections (1A) and (1B) apply if—

(a)

a local housing authority (“authority A”) has notified another local housing authority (“authority B”) of its opinion that the conditions for referral of an applicant’s case under section 80 are met, and

(b)

the applicant has been notified under section 84(1B) that authority B has been notified of authority A’s opinion;

and subsection (1A) applies whether the notified authority is in Wales or England.

(1A)

If authority A notifies authority B under section 80(2A)—

(a)

authority A is not subject to the duty under section 68 (interim duty to secure accommodation) in relation to the applicant, and

(b)

authority A is not subject to the duty under section 75 (duty to secure accommodation) in relation to the applicant;

but authority A must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision whether the conditions for referral of the case are met.

(1B)

If authority A notifies authority B under section 80(2) or (2A) and it is decided in accordance with section 80(5) that the conditions for referral of the case are met—

(a)

the applicant is to be treated, for the purposes of this Chapter, as having made an application to authority B on the date on which notice is given under section 84(1B),

(b)

authority A owes no duties to the applicant under this Chapter from that date,

(c)

where authority A has decided that the applicant is eligible for help, homeless or threatened with homelessness, the applicant is to be treated as such for the purposes of this Chapter unless authority B comes to a different conclusion in accordance with subsection (1C), and

(d)

authority A must give to authority B copies of any notifications or documents that authority A has given to the applicant under section 63 (notice of the outcome of assessment) or 63A (prevention, support and accommodation plans).

(1C)

For the purposes of subsection (1B), authority B may only come to a different conclusion if it is satisfied that—

(a)

the applicant’s circumstances have changed, or further information has come to light, since authority A made its decision, and

(b)

the change in circumstances, or further information, justifies authority B coming to a different conclusion to authority A.

(1D)

For provision about cases where authority A notifies authority B under section 80(2) or (2A), authority B is in England and it is decided in accordance with section 80(5) that the conditions for referral of the case are met, see section 201A of the Housing Act 1996 (c. 52) (cases referred from a local housing authority in Wales).

(3)

For subsection (3) substitute—(3)

If authority A notifies authority B under section 80(2A) and it is decided that the conditions for referral of the case are not met, authority A is subject to—

(a)

the duty under section 68 in relation to the applicant, if the duty applies, and

(b)

the duty under section 75 in relation to the applicant, if the duty applies.

(4)

Omit subsection (4).

(5)

In subsection (5), for “The duty under subsection (1) ceases as provided in that subsection” substitute “Duties come to an end as provided for in subsections (1A) and (1B)”.

(6)

In subsection (6), after “review” insert “, if the authority was required to do so before a duty ceased to have effect by virtue of this section”.

(7)

In section 201A of the Housing Act 1996 (c. 52) (“the 1996 Act”) (cases referred from a local housing authority in Wales)—

(a)

in subsection (1), after “2014” insert “(“the 2014 Act”)”;

(b)

for subsection (2) substitute—(2)

If the conditions for the referral under section 80 of the 2014 Act are met—

(a)

for the purposes of this Part, the person whose case is referred is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under section 84(1B) of the 2014 Act that the conditions of referral are met,

(b)

from that date, the notifying authority owes no duties to the applicant under Chapter 2 of Part 2 of the 2014 Act,

(c)

where the notifying authority have made a decision as to whether the applicant is eligible for assistance under Chapter 2 of Part 2 of the 2014 Act, homeless or threatened with homelessness for the purposes of that Act, the applicant is to be treated as eligible for assistance, homeless or threatened with homelessness for the purposes of this Part, unless the notified authority come to a different conclusion in accordance with subsection (3), and

(d)

the notifying authority must give to the notified authority copies of any notifications or documents that the notifying authority have given to the applicant under section 63 (notice of the outcome of assessment) or 63A (prevention, support and accommodation plans) of the 2014 Act.

(3)

For the purposes of subsection (2)(c), the notified authority may only come to a different conclusion if they are satisfied that—

(a)

the applicant’s circumstances have changed, or further information has come to light, since the notifying authority made their decision and that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, or

(b)

there is a difference in effect between Chapter 2 of Part 2 of the 2014 Act and this Act regarding eligibility for assistance, the meaning of homelessness or the meaning of being threatened with homelessness that would materially affect a decision as to whether the applicant is eligible for assistance, homeless or threatened with homelessness for the purposes of this Part.

;

(c)

omit subsection (3).

15Cases referred from a local housing authority in England

In section 83(2) of the 2014 Act (cases referred from a local housing authority in England)—

(a)

in paragraph (a) omit “for homeless applicants in priority need”;

(b)

for paragraph (b) substitute—(b)

section 75 (duty to secure accommodation);

.

16Notice to applicants in referral cases(1)

The 2014 Act is amended as follows.

(2)

In section 82 (duties to applicant whose case is considered for referral or referred)—

(a)

omit subsection (2);

(b)

omit subsection (7).

(3)

In section 84 (notice that duties have ended)—

(a)

in the heading, after “that duties have ended” insert “and of local connection referrals”;

(b)

in subsection (1), omit “(including where the authority has referred the applicant’s case to another authority or decided that the conditions for referral are met)”;

(c)

after subsection (1A) (inserted by section 5(2)) insert—(1B)

Where a local housing authority (“authority A”) notifies another local housing authority (whether in Wales or England) (“authority B”) of its opinion that the conditions for referral of an applicant’s case under section 80 are met, it must at the same time notify the applicant that authority B has been notified of authority A’s opinion.

(1C)

Authority A must also notify the applicant of a decision under section 80(5) as to whether the conditions for referral of the applicant’s case are met.

(1D)

A notice given by authority A to an applicant under subsection (1B) or (1C) must—

(a)

set out the reasons for the opinion or decision,

(b)

explain the effect on the applicant’s entitlements under this Chapter of authority A notifying authority B or of the decision under section 80(5),

(c)

inform the applicant of any right to request a review, and

(d)

specify the time within which such a request must be made.

Further homelessness prevention duties
17Help to retain suitable accommodation secured in exercise of homelessness functions(1)

The 2014 Act is amended as follows.

(2)

After section 76 (circumstances in which the duty in section 75 ends) insert—

76ADuty and power to provide help to retain suitable accommodation(1)

The duty in subsection (2) applies in relation to—

(a)

an applicant—

(i)

who is not homeless or threatened with homelessness,

(ii)

for whom suitable accommodation is available for occupation that was, to any extent, retained or secured by the exercise of functions under this Chapter by a local housing authority (whether through the provision of accommodation or other kinds of help), and

(iii)

who is considered by the local housing authority to be at risk of becoming homeless or threatened with homelessness unless further help is provided;

(b)

the local housing authority that exercises the functions described in paragraph (a)(ii) in relation to the applicant.

(2)

The local housing authority must help to secure that the applicant’s accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose.

(3)

Subsection (4) applies in relation to an applicant for whom the duty in subsection (2) has come to an end in the circumstances described in subsection (4) or (6) of section 76B.

(4)

The local housing authority may help to secure that the applicant’s accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose.

76BCircumstances in which the duty in section 76A(2) comes to an end(1)

The duty to an applicant under section 76A(2) comes to an end in any of the circumstances described in subsection (2), (3), (4), (6) or (9) if the applicant has been notified in accordance with section 84.

(2)

The circumstances are that the local housing authority is satisfied that the applicant has become homeless.

(3)

The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that the applicant is no longer at risk of becoming homeless or threatened with homelessness unless help is provided.

(4)

The circumstances are that—

(a)

the applicant occupies accommodation provided or arranged in exercise of functions under this Chapter, and

(b)

the period in subsection (5) beginning on the later date has ended.

(5)

The periods are—

(a)

the period of 12 months beginning on the day the accommodation became available for occupation by the applicant;

(b)

the period of 12 months beginning on the day the applicant is notified under section 63 that a duty under section 76A(2) is owed to the applicant.

(6)

The circumstances are that—

(a)

the applicant occupies accommodation that was secured in exercise of functions under this Chapter, but not provided or arranged in exercise of those functions, and

(b)

the period in subsection (7) beginning on the later date has ended.

(7)

The periods are—

(a)

the period of 12 months beginning on the day the applicant is notified under section 84 that the duty under section 66 has come to an end;

(b)

the period of 12 months beginning on the day the applicant is notified under section 63 that a duty under section 76A(2) is owed to the applicant.

(8)

For the purpose of subsections (5) and (7) the applicant is to be treated as notified on the day the notice is sent or first made available for collection.

(9)

The circumstances are that the applicant has asked that help of the kind required by section 76A(2) is not provided by the local housing authority.

(10)

See section 79 for further circumstances in which the duty in section 76A(2) comes to an end.

(3)

In section 79(1) (further circumstances in which the duties to help applicants end), for “and 75” substitute “, 75 and 76A(2)”.

(4)

In section 84(1) (notice that duties have ended), for “or 75” substitute “, 75 or 76A(2)”.

18Duty to contact certain applicants after duty in section 75 comes to an end

After section 76B of the 2014 Act (circumstances in which the duty in section 76A(2) comes to an end) (inserted by section 17(2)), insert—

76CDuty to keep in touch with certain applicants(1)

The duty in subsection (3) applies in relation to—

(a)

an applicant who—

(i)

was owed a duty under section 75 and that duty came to an end in the circumstances described in section 76(7A), and

(ii)

is not within subsection (2);

(b)

the local housing authority that exercised the function described in paragraph (a)(i) in relation to the applicant.

(2)

An applicant is within this subsection if the local housing authority—

(a)

at the beginning of the relevant period owes the applicant a duty under section 76A(2), or

(b)

at any time during the relevant period is required to carry out an assessment under section 62 in respect of the applicant or has carried out such an assessment before the beginning of the relevant period.

(3)

The local housing authority must take reasonable steps to contact the applicant (whether the applicant is within its area or not) within the relevant period with a view to identifying whether the applicant is or may be homeless or threatened with homelessness or is at risk of becoming homeless or threatened with homelessness.

(4)

If the local housing authority considers that the applicant is or may be homeless or threatened with homelessness, or is at risk of becoming homeless or threatened with homelessness, the local housing authority must give the applicant such information and advice as it considers appropriate.

(5)

For the purpose of this section, the “relevant period is the period of 2 months after the end of the period of 5 months that begins on the day that the applicant is notified in accordance with section 84 that the duty under section 75 has come to an end.

Unacceptable behaviour that brings duties to an end
19Further circumstances in which the duties to help applicants end(1)

Section 79 of the 2014 Act (further circumstances in which the duties to help applicants end) is amended as follows.

(2)

In subsection (1), for “or (5)” substitute “, (5), (6) or (7)”.

(3)

For subsection (5), substitute—(5)

The circumstances are that the local housing authority is satisfied that—

(a)

the applicant engaged in violent or threatening behaviour towards an individual carrying out an activity connected with—

(i)

the exercise of functions under this Chapter, or

(ii)

the provision of accommodation or other services secured to any extent by the exercise of functions under this Chapter,

(b)

the behaviour occurred during the period in which an applicant’s case is being considered and any duty under section 66, 68, 75 or 76A(2) applies, and

(c)

there are no special circumstances that would make it appropriate for the relevant duty to continue to apply.

(6)

The circumstances are that the local housing authority is satisfied that—

(a)

property consisting of, or provided for use in connection with, accommodation secured to any extent by the exercise of functions under this Chapter has been destroyed or seriously damaged during the period in which an applicant’s case is being considered and any duty under section 66, 68 or 75 applies,

(b)

the applicant, or a person who resides with the applicant, destroyed or seriously damaged the property or incited or encouraged its destruction or damage by another person,

(c)

the applicant or person who resides with the applicant intended the destruction or serious damage of the property or was reckless as to whether it would be destroyed or seriously damaged,

(d)

there is no reasonable excuse for the actions of the applicant or person who resides with the applicant, and

(e)

there are no special circumstances that would make it appropriate for the relevant duty to continue to apply.

(7)

The circumstances are that—

(a)

the applicant has not responded to repeated attempts by the local housing authority to contact the applicant in connection with the application,

(b)

the authority is not aware of any special circumstances that would make it appropriate for the relevant duty to continue to apply,

(c)

the authority has given a warning notice to the applicant explaining—

(i)

that because of the facts described in paragraph (a), it intends to give notice to the applicant under section 84, and

(ii)

the consequences of a notice under section 84 being given to the applicant, and

(d)

a reasonable period has elapsed since the warning notice was given without any contact from the applicant in connection with the application.

(8)

A warning notice under subsection (7) must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority’s office for a reasonable period for collection by or on behalf of the applicant.

Duty to ask and act
20Duty of a specified person to ask and act(1)

The 2014 Act is amended as follows.

(2)

After section 94 (protection of property: supplementary provisions) insert—

94ADuty of a specified person to ask and act(1)

This section applies if a specified person (see section 94B) considers that an individual in Wales in relation to whom the specified person exercises functions is or may be homeless or threatened with homelessness, subject to subsection (7).

(2)

The specified person must ask the individual—

(a)

to agree to the specified person notifying a local housing authority in Wales or England of—

(i)

the opinion mentioned in subsection (1), and

(ii)

how the individual may be contacted by the local housing authority;

(b)

to identify a local housing authority in Wales or England to which the individual would like the notification to be made.

(3)

If the individual agrees to the specified person making the notification, the specified person must notify—

(a)

the local housing authority identified by the individual, or

(b)

if the individual has not identified an authority, the local housing authority in Wales or England that the specified person considers appropriate.

(4)

If the notification required by subsection (3) is made to a local housing authority in Wales, the notification is to be treated as if it were an application by the individual to the local housing authority under section 62(1)(a).

(5)

The specified person must—

(a)

provide the individual with information about help available for people who are homeless or who may become homeless;

(b)

consider whether there are any other steps it could reasonably take in the exercise of its functions to help the individual secure or retain suitable accommodation and, if the specified person considers there are any, it must take those steps;

(c)

consider whether the opinion mentioned in subsection (1) affects the exercise of its functions in relation to the individual regarding any matter.

(6)

Paragraphs (b) and (c) of subsection (5) do not affect any right of the specified person, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.

(7)

The duties in subsections (2) and (3) do not apply if the specified person is satisfied that—

(a)

an application to a local housing authority in Wales under section 62(1)(a) of this Act, or a local authority in England under section 183 of the Housing Act 1996 (c. 52) (“the 1996 Act”), has been made in respect of the individual, and

(b)

either—

(i)

the application is being considered, or

(ii)

a duty applies under this Act, or the 1996 Act, to secure accommodation or provide other help in respect of the application.

94BSpecified persons(1)

For the purposes of section 94A, each of the following is a “specified person”—

(a)

a social services authority;

(b)

a Local Health Board, but only in relation to individuals to whom it provides or arranges health care services that are not primary care services;

(c)

the Welsh Ambulance Services University National Health Service Trust;

(d)

a registered social landlord;

(e)

a new town corporation for an area in Wales;

(f)

a private registered provider of social housing that provides housing in Wales;

(g)

a housing action trust for an area in Wales;

(h)

the governor of a prison in Wales;

(i)

the director of a contracted out prison in Wales;

(j)

the governor of a young offender institution in Wales;

(k)

the governor of a secure training centre in Wales;

(l)

the director of a contracted out secure training centre in Wales;

(m)

the principal of a secure college in Wales;

(n)

a youth offending team established under section 39(1) of the Crime and Disorder Act 1998 (c. 37) for an area in Wales;

(o)

the manager of a secure children’s home in Wales;

(p)

a provider of probation services in Wales;

(q)

an officer designated by the Secretary of State for Work and Pensions for the purposes of section 94A and employed by the Secretary of State at an office in Wales known as a Jobcentre Plus office;

(r)

the Secretary of State for Defence, but only in relation to members of the regular armed forces of the Crown.

(2)

The Welsh Ministers may, by regulations, amend subsection (1)—

(a)

to omit a reference to a person or a description of a person;

(b)

to add a reference to a person or a description of a person;

(c)

to change a reference to a person or a description of a person.

(3)

Regulations under subsection (2)—

(a)

may omit a reference to a reserved authority or a description of a person that includes a reserved authority;

(b)

may not add a reference to a reserved authority or a description of a person that includes a reserved authority unless the Secretary of State consents;

(c)

may not change a reference to a reserved authority or a description of a person that includes a reserved authority in a way that modifies the functions of the authority under section 94A unless—

(i)

in the case of an authority that is a Minister of the Crown, the Secretary of State has been consulted about the change, or

(ii)

in the case of any other authority, the Secretary of State consents.

(4)

Regulations under paragraph (b) or (c) of subsection (2)—

(a)

may describe a person by reference to the exercise of discretion by another person;

(b)

may specify cases or circumstances in which a reference to a person or a description of a person applies.

(3)

In section 98 (guidance), after subsection (2) insert—(2A)

In the exercise of its functions under section 94A, a specified person must have regard to guidance given by the Welsh Ministers.

(4)

In section 142(3)(b)(ii) (orders and regulations: procedure), for “or 86(1)” substitute “, 86(1), 94B(2)”.

21Duty to refer persons in England to a local housing authority in Wales

In section 213B of the 1996 Act (duty of public authority to refer cases in England to local housing authority)—

(a)

in subsection (2), after “England” insert “or Wales”;

(b)

in subsection (3)(b), after “England” insert “or Wales”;

(c)

after subsection (3) insert—(3A)

If the notification required by subsection (3) is made to a local housing authority in Wales, the notification is to be treated as if it were an application by the person to the local housing authority under section 62(1)(a) of the Housing (Wales) Act 2014 (anaw 7).

Provision for vulnerable people
22Duty to ensure young people leaving care have suitable accommodation(1)

The Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows.

(2)

After section 108 (pathway assessments and plans: post-18 living arrangements) insert—

108ADuty to ensure that suitable accommodation is available for care leavers(1)

The duty in subsection (2) applies to—

(a)

a category 1 young person;

(b)

a category 2 young person;

(c)

a category 5 young person;

(d)

a category 6 young person;

and, in the case of a category 1 or category 2 young person, the duty continues to apply to the young person (to the extent the duty requires) after the young person becomes a category 3 young person.

(2)

If the young person’s well-being requires it, the responsible local authority for the young person must take reasonable steps to secure that suitable accommodation is available for occupation by the young person—

(a)

during the period of 3 years beginning with the day the young person attains the age of 18, and

(b)

in relation to a category 3 young person, during a subsequent period when there is a duty towards the young person under section 110.

(3)

The duty in subsection (4) applies to—

(a)

a category 3 young person;

(b)

a category 4 young person;

(c)

a category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(3);

(d)

a former category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(5);

(e)

a category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(4);

(f)

a former category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(6);

and the duty continues to apply to the young person (to the extent the duty requires) after the young person ceases to fall within any of paragraphs (a) to (f).

(4)

If the young person’s well-being requires it, the responsible local authority for the young person must take reasonable steps to secure that suitable accommodation is available for occupation by the young person during the period of 12 months beginning with—

(a)

in relation to a category 3 young person, the day the authority’s duty to the young person under section 110 ends;

(b)

in relation to a category 4 young person, the day the authority’s duty to the young person under section 112 ends;

(c)

in relation to a category 5 young person, the day the further or higher education, in respect of which support under section 114(3) may have been given, ends;

(d)

in relation to a former category 5 young person, the day the further or higher education, in respect of which support under section 114(5) may have been given, ends;

(e)

in relation to a category 6 young person, the day the further or higher education, in respect of which support under section 115(4) may have been given, ends;

(f)

in relation to a former category 6 young person, the day the further or higher education, in respect of which support under section 115(6) may have been given, ends.

(5)

Accommodation may only be regarded as available for a young person’s occupation for the purpose of this section if it is available for occupation by that young person together with any other person who might reasonably be expected to reside with the young person.

(6)

Any interruption in a young person’s pursuance of a programme of education or training is to be disregarded for the purpose of subsections (3) and (4) if the responsible local authority is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(3)

In section 109 (support for category 2 young people), omit subsection (3).

(4)

After section 109 insert—

109AMeaning of suitable accommodation(1)

Regulations may make provision about the meaning of “suitable accommodation” for the purposes of section 108A and 109.

(2)

Regulations under subsection (1) may make provision by reference to—

(a)

any matter connected to the accommodation, including (among other things)—

(i)

the suitability of providers of accommodation;

(ii)

the conditions of occupation;

(iii)

the nature or standard of accommodation;

(iv)

the location of accommodation;

(b)

the personal characteristics or circumstances of a young person to whom section 108A or 109 applies or any person with whom the young person might reasonably be expected to reside.

23Protocol for handling cases involving care leavers etc.(1)

Section 95 of the 2014 Act (co-operation) is amended as follows.

(2)

In subsection (1)(d), after “Part” insert “and, in relation to persons who are homeless or at risk of becoming homeless, the Social Services and Well-being (Wales) Act 2014 (anaw 4) (“the 2014 Act”)”.

(3)

After subsection (1) insert—(1A)

The arrangements under subsection (1) must include a protocol for handling cases involving—

(a)

persons aged 16 or 17 who are homeless or threatened with homelessness;

(b)

the accommodation and support needs of care leavers;

(c)

the accommodation and support needs of care leavers and persons aged 16 or 17 leaving youth detention accommodation, prison or approved premises.

(1B)

In subsection (1A), “care leavers”—

(a)

means persons falling within any of the categories of young person entitled to support under any of sections 105 to 115 of the 2014 Act (see section 104 of the 2014 Act), and

(b)

in paragraph (c), it includes persons who would be so entitled were it not for sections 185 and 186 of the 2014 Act.

24Protocol for handling cases involving persons in particular need of support(1)

Section 95 of the 2014 Act (co-operation) is amended as follows.

(2)

After subsection (1B) (inserted by section 23(3)) insert—(1C)

A local housing authority in Wales must make arrangements to promote co-operation between itself and such persons mentioned in subsection (1D) that exercise functions in the authority’s area as it considers appropriate with a view to achieving the following objectives in its area—

(a)

the prevention of homelessness,

(b)

that suitable accommodation is available for persons who are or may become homeless,

(c)

that satisfactory support is available for persons who are or may become homeless,

(d)

effective case co-ordination by persons mentioned in subsection (1D) regarding persons who are or may become homeless and who may also be in particular need of other support, and

(e)

effective discharge of its functions under this Part.

(1D)

The persons are—

(a)

the persons mentioned in subsection (5);

(b)

any other public authority with functions which are capable of contributing to the achievement of any of the objectives mentioned in subsection (1C);

(c)

any voluntary organisation or other person whose activities are capable of contributing to the achievement of any of those objectives.

(1E)

The arrangements under subsection (1C) must include a protocol for handling cases involving persons who are or who may become homeless and who may also be in particular need of other support or services, including in particular support or services required in connection with—

(a)

leaving prison or youth detention accommodation;

(b)

leaving the regular armed forces of the Crown;

(c)

misusing drugs and other substances;

(d)

mental health.

25Protection of property: prisoners

In section 93(1) of the 2014 Act (protection of property), after “subsection (2),” insert “or would have become subject to the duty in section 75 in respect of an applicant but for section 75(7) applying,”.

26Duty to provide information, advice and assistance: detained persons

In section 60 of the 2014 Act (duty to provide information, advice and assistance in accessing help)—

(a)

in subsection (1), after “connection with its area” insert “(including, in particular, persons detained under the authority of an enactment who are in its area or have a local connection with its area)”;

(b)

in subsection (4), in paragraph (a) after “people” insert “in, or people”.

27Definition of “abuse”

For section 58 of the 2014 Act (meaning of abuse and domestic abuse) substitute—

58Definition of abuse

In this Chapter, “abuse” means—

(a)

domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021 (c. 17), or

(b)

any other kind of abuse that, directly or indirectly, may give rise to a risk of harm, including (for example)—

(i)

exploitation within the meaning of the Modern Slavery Act 2015 (c. 30);

(ii)

harassment or stalking within the meaning of those expressions in the Protection from Harassment Act 1997 (c. 40).

Seeking the views of homeless persons
28Duty to seek the views of homeless persons in exercise of homelessness functions(1)

The 2014 Act is amended as follows.

(2)

In section 52(8) (homelessness strategies), after “voluntary organisations” insert “, persons in the authority’s area who are, or who have been, homeless or threatened with homelessness”.

(3)

In section 60(4) (duty to provide information, advice and assistance in accessing help), after the words “voluntary organisations” insert “, persons in the authority’s area who are, or who have been, homeless or threatened with homelessness”.

(4)

After section 98(4) (guidance) insert—(5)

Before giving, revising or withdrawing guidance under this Part, the Welsh Ministers must consult such public or local authorities, voluntary organisations, persons who are, or who have been homeless or threatened with homelessness in Wales or other persons as they consider appropriate.

Condition of accommodation
29Suitability of accommodation

In section 59(1) of the 2014 Act (suitability of accommodation)—

(a)

after “have regard to” insert “provision made in, under or by virtue of”;

(b)

after paragraph (g) insert—(h)

Part 4 of the Renting Homes (Wales) Act 2016 (condition of dwelling).

30Reports on use and condition of interim accommodation

After section 97 of the 2014 Act (false statements etc.) insert—

97AReports on use and condition of interim accommodation(1)

The Welsh Ministers must publish and lay before Senedd Cymru a report on the use and condition of interim accommodation that is secured under section 68 and section 75 by local housing authorities in Wales.

(2)

For that purpose, local housing authorities in Wales must supply the Welsh Ministers with such information as they may require.

(3)

The first report under this section must be laid, and published, on or before 31 December 2030.

(4)

A report must be laid, and published, at the end of each subsequent period of 5 years beginning with the date the first report was published.

Co-operation
31Co-operation(1)

The 2014 Act is amended as follows.

(2)

In section 95 (co-operation), for subsections (5) to (8) substitute—(5)

The persons are—

(a)

a local housing authority in Wales or England;

(b)

a social services authority in Wales or England;

(c)

a Local Health Board, but only in relation to individuals to whom it provides or arranges health care services that are not primary care services;

(d)

a registered social landlord, whether in relation to housing provided in Wales or England;

(e)

a new town corporation for an area in Wales or England;

(f)

a private registered provider of social housing, whether in relation to housing provided in Wales or England;

(g)

a housing action trust for an area in Wales or England;

(h)

the governor of a prison in Wales or England;

(i)

the director of a contracted out prison in Wales or England;

(j)

the governor of a young offender institution in Wales or England;

(k)

the governor of a secure training centre in Wales or England;

(l)

the director of a contracted out secure training centre in Wales or England;

(m)

the principal of a secure college in Wales or England;

(n)

the manager of a secure children’s home in Wales or England;

(o)

a youth offending team established under section 39(1) of the Crime and Disorder Act 1998 (c. 37) for an area in Wales or England;

(p)

a provider of probation services in Wales or England;

(q)

an officer designated by the Secretary of State for Work and Pensions for the purposes of this section and employed by the Secretary of State at an office in Wales or England known as a Jobcentre Plus office;

(r)

the Secretary of State for Defence, but only in relation to members of the regular armed forces of the Crown.

(6)

The Welsh Ministers may, by regulations, amend subsection (5)—

(a)

to omit a reference to a person or a description of a person;

(b)

to add a reference to a person or a description of a person;

(c)

to change a reference to a person or a description of a person.‍

(7)

Regulations under subsection (6)—

(a)

may omit a reference to a reserved authority or a description of a person that includes a reserved authority;

(b)

may not add a reference to a reserved authority or a description of a person that includes a reserved authority unless the Secretary of State consents;

(c)

may not change a reference to a reserved authority or a description of a person that includes a reserved authority in a way that modifies the functions of the authority under this section unless—

(i)

in the case of an authority that is a Minister of the Crown, the Secretary of State has been consulted about the change, or

(ii)

in the case of any other authority, the Secretary of State consents.

(8)

Regulations under paragraph (b) or (c) of subsection (6)—

(a)

may describe a person by reference to the exercise of discretion by another person;

(b)

may specify cases or circumstances in which a reference to a person or a description of a person applies.

(3)

In section 142(3)(b)(ii) (orders and regulations: procedure), after “94B(2)” (inserted by section 20(4)) insert “or 95(6)”.

32Co-operation between social landlords and local housing authorities

After section 96 of the 2014 Act (co-operation in certain cases involving children) insert—

96ACo-operation between social landlords and local housing authorities(1)

Where a local housing authority owes a duty to an applicant under section 75, it may request a social landlord that provides accommodation in its area to make the applicant an offer of suitable accommodation in its area.

(2)

For the purposes of this section and section 96B, “social landlord” means—

(a)

a registered social landlord, or

(b)

a private registered provider of social housing.

(3)

In deciding whether to make a request, the local housing authority must have regard to the availability of suitable accommodation in its area held by it.

(4)

Where a local housing authority makes a request under subsection (1), a social landlord must, within a reasonable period, comply with the request unless the landlord has good reasons for not doing so.

(5)

A social landlord which provides accommodation in the area of a local housing authority must comply with any reasonable request for information in relation to that accommodation made to it by the authority in connection with the exercise of the authority’s functions under this section.

(6)

The Welsh Ministers must give guidance as to what constitutes—

(a)

a good reason for the purposes of subsection (4);

(b)

a reasonable period for the purposes of subsection (4);

(c)

a reasonable request for the purposes of subsection (5).

(7)

Before giving any such guidance, the Welsh Ministers must consult—

(a)

such associations representing local authorities in Wales,

(b)

such associations representing social landlords, and

(c)

such other persons,

as they think appropriate.

(8)

A social landlord must have regard to guidance given under this section.

96BDirections to require compliance with requests under section 96A(1)

Subsection (3) applies if—

(a)

a social landlord does not comply, within a reasonable period, with a request made by a local housing authority under section 96A(1), and

(b)

the local housing authority considers that, having regard to any explanation given to the authority by the social landlord, the social landlord does not have a good reason for not complying with the request.

(2)

Subsection (3) also applies if the social landlord does not respond, within a reasonable period, to a request made by a local housing authority under section 96A(1).

(3)

The local housing authority may refer the matter to the Welsh Ministers.

(4)

After receiving a referral under subsection (3), the Welsh Ministers must notify the social landlord of—

(a)

the referral, and

(b)

the period for making representations to the Welsh Ministers on the referral.

(5)

If, after considering the referral and any representations made by the social landlord, the Welsh Ministers consider that the social landlord does not have a good reason for not complying with the request made by the local housing authority or did not respond to such a request, the Welsh Ministers may direct the social landlord to comply with the request within such period as may be specified in the direction.

(6)

A social landlord must comply with a direction given to it under subsection (5).

(7)

A direction under subsection (5)—

(a)

must be in writing;

(b)

may be varied or revoked by a later direction;

(c)

is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers or the local housing authority that made the referral in respect of which the direction is made.

Viewing accommodation
33Viewing accommodation

After section 96B of the 2014 Act (directions to require compliance with requests under section 96A) (inserted by section 32) insert—

96CViewing accommodation

If a local housing authority secures an offer of accommodation for an applicant with a view to bringing the authority’s duty under section 66 or 75 to an end, it must take reasonable steps to provide the applicant with an opportunity to view the accommodation (whether in person or otherwise) before the applicant decides whether to accept or refuse the offer.

PART 2SOCIAL HOUSING ALLOCATIONIneligibility for allocation of social housing
34Ineligibility for allocation of housing as a result of unacceptable behaviour

In section 160A(7)(b) of the 1996 Act (allocation only to eligible persons: Wales), after “considered” insert “, taking into account, in particular, the likelihood of that behaviour reoccurring,”.

Preference for persons in allocation schemes
35No preference for persons who try to manipulate the housing system(1)

The 1996 Act is amended as follows.

(2)

In section 167 (allocation in accordance with allocation scheme: Wales)—

(a)

after subsection (2D) insert—(2DA)

Nothing in paragraph (a) or (b) of subsection (2) requires the scheme to provide for any preference to be given to people the authority have decided are people to whom subsection (2DB) applies.

(2DB)

This subsection applies to a person if the authority are satisfied that the person is trying to manipulate the housing system (see section 167A).

;

(b)

in subsection (4A)(b), after “(2C)” insert “or (2DB)”.

(3)

After section 167 insert—

167AMeaning of trying to manipulate the housing system(1)

A person is trying to manipulate the housing system for the purposes of section 167(2DB) if subsection (2) or (4) applies.

(2)

This subsection applies if—

(a)

the person falls within paragraph (a) or (b) of section 167(2) because the person deliberately did or failed to do something in consequence of which the person ceases to occupy accommodation that was available for the person’s occupation and which it would have been reasonable for the person to continue to occupy, and

(b)

the person either—

(i)

intended, by doing or failing to do that thing, to enable the person to become entitled to help under Chapter 2 of Part 2 of the Housing (Wales) Act 2014 (“the 2014 Act”) or to improve the person’s chances of being allocated accommodation under this Part, or

(ii)

before doing or failing to do that thing, received information, advice or other support provided or otherwise secured by a public authority exercising functions in relation to the person that was adequate for the purpose of enabling the person to continue occupying the accommodation.

(3)

For the purposes of subsection (2), an act or omission in good faith on the part of a person who was unaware of any relevant fact may not be treated as deliberate.

(4)

This subsection applies if—

(a)

the person falls within paragraph (a) or (b) of section 167(2) because the person entered into an arrangement under which the person was required to cease to occupy accommodation which it would have been reasonable for the person to continue to occupy,

(b)

the purpose of the arrangement was to enable the person to become entitled to help under Chapter 2 of Part 2 of the 2014 Act or to improve the person’s chance of being allocated accommodation under this Part, and

(c)

there is no other good reason why the person became homeless for the purposes of the 2014 Act.

(5)

For the purposes of this section—

(a)

accommodation is available for occupation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 56 of the 2014 Act);

(b)

it is reasonable to continue to occupy accommodation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 57 of the 2014 Act).

36Preference for young people leaving care

In section 167(2) of the 1996 Act (allocation in accordance with allocation scheme: Wales), after paragraph (b) insert—(ba)

people for whom responsible local authorities have duties under section 108A of the Social Services and Well-being (Wales) Act 2014 (anaw 4) to take reasonable steps to secure that suitable accommodation is available for their occupation.

Registers
37Housing registers

After section 160A of the 1996 Act (allocation only to eligible persons: Wales) insert—

160BOffers of housing accommodation held by registered social landlords and private registered providers of social housing: Wales(1)

The duty in subsection (2) applies only in relation to housing accommodation offered by a registered social landlord or a private registered provider of social housing under any arrangements to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by a local housing authority in Wales.

(2)

A registered social landlord or a private registered provider of social housing may only offer housing accommodation that it holds in a local housing authority’s area in Wales to persons included on the common housing register for that area.

(3)

The Welsh Ministers may by regulations provide for circumstances in which the duty in subsection (2) does not apply.

(4)

In subsection (1), “arrangements” means arrangements made in connection with the allocation of housing accommodation under this Part (whether legally enforceable or not).

Housing registers
160CCommon housing registers: Wales(1)

A local housing authority in Wales must establish and maintain a register of persons to whom housing accommodation in their area may be allocated in accordance with this Part (a “common housing register”).

(2)

A local housing authority must include a person on the common housing register if—

(a)

the person applies to the authority for housing accommodation, and

(b)

the authority decides that the person—

(i)

is not ineligible for an allocation of housing accommodation by virtue of section 160A(3) and (5), and

(ii)

is not ineligible by virtue of a decision under section 160A(7).

(3)

A local housing authority may include a person on the common housing register without an application if the authority decides that sub-paragraphs (i) and (ii) of paragraph (b) of subsection (2) apply to the person.

160DRegulations about common housing registers(1)

The Welsh Ministers must, by regulations, make provision for and in connection with common housing registers.

(2)

The regulations must provide for—

(a)

a person with an entry in the register to have access to information relating to the entry and the allocation of housing under this Part;

(b)

general information relating to registers and their operation in the allocation of housing in each local housing authority area to be published.

(3)

The regulations may, in particular, make provision—

(a)

about amending and removing entries in the register in respect of a person;

(b)

about giving notice (for example, giving notice if a person is included in the register or if an entry in the register in respect of a person is amended or removed);

(c)

about the information that may or must be included on the register;

(d)

requiring or authorising the disclosure of information contained on the register to a person or description of person specified in the regulations;

(e)

about the creation, collection, collation and publication of information relating to the register or its operation in the allocation of housing;

(f)

conferring functions on local housing authorities in Wales or the Welsh Ministers.

160EAccessible housing register(1)

A local housing authority in Wales must establish and maintain a register of housing accommodation in their area that—

(a)

is available, or may in future become available, for allocation under this Part, and

(b)

has features that may assist a disabled person.

(2)

The Welsh Ministers must, by regulations, make provision for and in connection with a register required to be established and maintained under this section.

(3)

The regulations must provide for general information relating to registers and their operation in the allocation of housing in each local housing authority area to be published.

(4)

The regulations may, in particular, make provision—

(a)

about amending and removing an entry in the register in respect of housing accommodation;

(b)

about giving notice (for example, giving notice to persons specified in the regulations if accommodation is included on the register or if an entry in respect of the accommodation is amended or removed);

(c)

about the information that may or must be included on the register;

(d)

requiring or authorising the disclosure of information contained on the register to a person or description of person specified in the regulations;

(e)

about the creation, collection, collation and publication of information relating to the register or its operation in the allocation of housing;

(f)

conferring functions on local housing authorities in Wales or the Welsh Ministers.

(5)

A registered social landlord and a private registered provider of social housing which holds housing accommodation in the authority’s area must comply with any reasonable request made to it by a local housing authority in connection with the exercise of the authority’s functions under this section.

PART 3MISCELLANEOUS AND GENERALMiscellaneous
38Guidance to local housing authorities on rent guarantees(1)

The Welsh Ministers must give guidance to local housing authorities about making arrangements under which a local housing authority guarantees payment of rent by an occupier of housing accommodation in accordance with an agreement of any kind.

(2)

Before giving guidance under this section, the Welsh Ministers must consult local housing authorities and any other persons they consider appropriate.

(3)

The Welsh Ministers may revise or replace guidance under this section by giving further guidance.

(4)

The Welsh Ministers must publish guidance under this section.

(5)

In this section, “local housing authority” means the council of a county or county borough in Wales.

39Review of the operation and effect of changes made by this Act(1)

The Welsh Ministers must carry out a review of the operation and effect of the changes made by this Act to the 2014 Act, the 1996 Act and the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(2)

In carrying out the review, the Welsh Ministers must consult such public or local authorities, voluntary organisations, persons who are, or who have been homeless or threatened with homelessness in Wales or other persons as they consider appropriate.

(3)

The Welsh Ministers must publish a report of their review of the operation and effect of section 94A of the 2014 Act and lay a copy of it before Senedd Cymru before the end of the period of 2 years beginning with the day on which section 20 comes fully into force.

(4)

The Welsh Ministers must publish a report of their review of the operation and effect of the other changes made by this Act and lay a copy of it before Senedd Cymru before the end of the period of 4 years beginning with the day on which this Act comes fully into force.

(5)

The Welsh Ministers may review the operation and effect of a change made by this Act at a time when the Welsh Ministers consider the provision making the change to be substantially in force.

General
40Interpretation

In this Act—

“the 1996 Act” (“Deddf 1996”) means the Housing Act 1996 (c. 52);

“the 2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 2014 (anaw 7).

41Minor and consequential provision

The Schedule to this Act makes minor and consequential provision.

42Power to make consequential and transitional provision etc.(1)

The Welsh Ministers may, by regulations, make—

(a)

provision that is incidental or supplementary to, or consequential on, any provision of this Act;

(b)

transitional or saving provision in connection with any provision of this Act.

(2)

Regulations under subsection (1) may—

(a)

amend, modify, repeal or revoke any enactment (including an enactment contained in this Act);

(b)

make different provision for different purposes or different areas.

(3)

The power to make regulations under subsection (1) must be exercised by Welsh statutory instrument.

(4)

If regulations under subsection (1) amend, repeal or otherwise modify a provision of an Act of Parliament or an Act or Measure of Senedd Cymru, they are subject to the Senedd approval procedure.

(5)

Regulations under subsection (1) to which subsection (4) does not apply are subject to the Senedd annulment procedure.

43Coming into force(1)

The provisions of this Part (except section 41) come into force on the day after the day on which this Act receives Royal Assent.

(2)

The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.

(3)

An order under subsection (2) may—

(a)

appoint different days for different purposes or different areas;

(b)

make transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

(4)

An order under subsection (2) may not appoint a day for the coming into force of section 35 that is earlier than the day appointed for the coming into force of section 10.

44Progress reports on bringing the Act into force(1)

The duty in subsection (2) applies if this Act is not fully in force on any of the following days—

(a)

31 December 2028;

(b)

31 December 2029;

(c)

31 December in every second year after 2029.

(2)

The Welsh Ministers must prepare a report—

(a)

specifying any progress in bringing the Act into force, and

(b)

specifying any further steps to be taken by the Welsh Ministers (or any other person) to bring the Act fully into force.

(3)

The Welsh Ministers must publish the report required by subsection (2) and lay a copy of it before Senedd Cymru as soon as reasonably practicable after the day mentioned in subsection (1) in respect of which the duty in subsection (2) applies.

45Short title

This Act may be referred to as—

(a)

the Homelessness and Social Housing Allocation (Wales) Act 2026, or

(b)

Deddf Digartrefedd a Dyrannu Tai Cymdeithasol (Cymru) 2026.

SCHEDULE

(introduced by section 41)

MINOR AND CONSEQUENTIAL PROVISIONHousing Act 1996 (c. 52)1(1)

The Housing Act 1996 is amended as follows.

(2)

In section 160(4) (cases to which provisions about allocation do not apply)—

(a)

the words “in such other cases as the Secretary of State may prescribe by regulations.” become paragraph (a);

(b)

at the beginning of paragraph (a) insert “in relation to England,”;

(c)

after paragraph (a), insert—(b)

in relation to Wales, in such other cases as the Welsh Ministers may prescribe by regulations.

(3)

In section 160A (allocation to eligible persons: Wales)—

(a)

in subsection (3), for “Secretary of State” substitute “Welsh Ministers”;

(b)

in subsection (5), for “Secretary of State” substitute “Welsh Ministers”.

(4)

In section 167 (allocation in accordance with allocation scheme: Wales)—

(a)

in subsection (2), in paragraph (b) omit “, 73”;

(b)

in subsection (3), for “Secretary of State” substitute “Welsh Ministers”;

(c)

in subsection (4), for “Secretary of State” substitute “Welsh Ministers”;

(d)

in subsection (5), for “Secretary of State” substitute “Welsh Ministers”.

(5)

In section 169 (guidance)—

(a)

in subsection (1) after “local housing authorities” insert “in England”;

(b)

after subsection (1) insert—(1A)

In the exercise of their functions under this Part, local housing authorities in Wales shall have regard to such guidance as may from time to time be given by the Welsh Ministers.

;

(c)

in subsection (2), after “Secretary of State” insert “and the Welsh Ministers”;

(d)

in the heading, after “Secretary of State” insert “and the Welsh Ministers”.

(6)

In section 172 (regulations)—

(a)

in subsection (1), after “Regulations” insert “made by the Secretary of State”;

(b)

after subsection (1) insert—(1A)

Regulations made by the Welsh Ministers under this Part shall be made by Welsh statutory instrument.

;

(c)

in subsection (2)—

(i)

omit “or 167(3)”;

(ii)

after “allocating housing accommodation” insert “in England”;

(d)

after subsection (2) insert—(2A)

Regulations made under section 160B(3) (circumstances in which the duty in section 160B(2) does not apply), section 160D(1) (common housing register), section 160E(2) (accessible housing register) or section 167(3) (regulations amending provisions about priorities in allocating housing accommodation in Wales) are subject to the Senedd approval procedure.

;

(e)

in subsection (3), after “regulations” insert “made by the Secretary of State”;

(f)

after subsection (3) insert—(3A)

Any other regulations made by the Welsh Ministers under this Part are subject to the Senedd annulment procedure.

;

(g)

in subsection (4), after “Secretary of State” insert “or the Welsh Ministers (as the case may be)”.

(7)

In section 174 (index of defined expressions), in the appropriate place, insert—

common housing register

section 160B

Social Services and Well-being (Wales) Act 2014 (anaw 4)2(1)

The Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2)

In Schedule 2, in the table, for the entry for the Housing (Wales) Act 2014 substitute—

Housing (Wales) Act 2014

Section 94A, so far as it relates to the functions of a specified person by virtue of section 94B(1)(a);

Duty to ask whether a person is homeless or threatened with homelessness and duty to act where a person is homeless or threatened with homelessness;

Section 95, so far as it relates to other social services functions.

Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness.

Housing (Wales) Act 2014 (anaw 7)3(1)

The Housing (Wales) Act 2014 is amended as follows.

(2)

In section 53 (overview)—

(a)

after subsection (6) insert—(6A)

Section 63A requires local housing authorities to prepare and maintain a prevention, support and accommodation plan for applicants who are owed duties under this Chapter, and section 63B makes provision about reviewing such plans.

;

(b)

in subsection (7) omit “; and section 65 explains what “help to secure” means”;

(c)

in subsection (8)—

(i)

in paragraph (b), for “for applicants in priority need” to the end substitute “(section 68)”;

(ii)

omit paragraph (c);

(iii)

in paragraph (d), omit “for applicants in priority need when the duty in section 73 comes to an end”;

(d)

omit subsection (9).

(3)

In section 56 (meaning of accommodation available for occupation)—

(a)

in subsection (1), for “together with” to the end substitute “together with any other members of the person’s household”;

(b)

after subsection (1) insert—(1A)

A reference in this Chapter to a member of a person’s household is a reference to—

(a)

a person who normally resides with that person as a member of that person’s family, or

(b)

any other person who might reasonably be expected to reside with that person.

;

(c)

in the heading, after “occupation” insert “and member of household”.

(4)

In section 57 (whether it is reasonable to continue to occupy accommodation), omit subsection (2).

(5)

In section 62(5) (duty to assess)—

(a)

in paragraph (b), for “person with whom the applicant lives or might reasonably be expected to live” substitute “member of the applicant’s household”;

(b)

in paragraph (c), for “person with whom the applicant lives or might reasonably be expected to live” substitute “member of the applicant’s household”.

(6)

In section 63 (notice of outcome of assessment)—

(a)

omit subsection (3);

(b)

in subsection (4), for “, (1) or (3)” substitute “or (1)”.

(7)

In section 76 (circumstances in which the duty in section 75 ends)—

(a)

in subsection (4)(a)(ii), for “assured shorthold tenancy” substitute “assured tenancy (including an assured shorthold tenancy)”;

(b)

omit subsection (6).

(8)

In section 79(1) (further circumstances in which the duties to help applicants end), omit “, 73”.

(9)

In section 80(3) (referral of case to another local housing authority)—

(a)

in paragraph (a), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”;

(b)

in paragraph (b), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

(10)

In section 81(local connection)—

(a)

in subsection (2), after “England” insert “or any other area”;

(b)

in subsection (3), for “person who might reasonably be expected to reside with that person” substitute “member of that person’s household”.

(11)

In section 84 (notice that duties have ended)—

(a)

in subsection (1), omit “, 73”;

(b)

omit subsection (2).

(12)

In section 86(6) (procedure on review), in the English text, after “not” insert “to”.

(13)

Omit section 87 (effect of a decision on review or appeal that reasonable steps were not taken).

(14)

In section 91(3)(b) (out-of-area placement), for “persons who normally” to the end substitute “members of the applicant’s household,”.

(15)

In section 93 (protection of property)—

(a)

in subsection (2)—

(i)

in the entry for section 66, omit “in the case of an applicant in priority need”;

(ii)

in the entry for section 68, omit “for homeless applicants in priority need”;

(iii)

in the entry for section 75, omit “for applicants in priority need when the duty in section 73 ends”;

(iv)

in the entry for section 82, omit “in the case of an applicant in priority need”;

(b)

in subsection (6), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

(16)

In section 94(10), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

(17)

In section 96 (co-operation in certain cases involving children)—

(a)

in subsection (1), for “an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside” substitute “a member of an applicant’s household is under the age of 18 and that the applicant”;

(b)

in subsection (1)(b), omit “, 73”;

(c)

in subsection (4), omit “became homeless intentionally or became threatened with homelessness intentionally,”.

(18)

In section 98(3)(a) (guidance), after “guidance” insert “under this Part”.

(19)

In section 99 (interpretation of Chapter 2 of Part 2 and index of defined terms)—

(a)

in the appropriate places insert—

“appropriate Minister” (“Gweinidog priodol”) has the meaning given by paragraph 8(5) of Schedule 7B to the Government of Wales Act 2006 (c. 32);

;

“approved premises” (“mangre a gymeradwywyd”) has the meaning given by section 13 of the Offender Management Act 2007 (c. 21);

;

“contracted out prison” (“carchar ar gontract”) has the meaning given by section 84(4) of the Criminal Justice Act 1991 (c. 53);

;

“contracted out secure training centre” (“canolfan hyfforddi ddiogel ar gontract”) has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33);

;

“housing action trust” (“ymddiriedolaeth gweithredu tai”) means a housing action trust established under Part 3 of the Housing Act 1988 (c. 50);

;

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42);

;

“member of the applicant’s household” (“aelod o aelwyd y ceisydd”) (and any similar reference to member of a person’s household) is to be interpreted in accordance with section 56;

;

“new town corporation” (“corfforaeth tref newydd”) has the meaning given by Part 1 of the Housing Act 1985 (c. 68);

;

“prevention, support and accommodation plan” (“cynllun atal, cefnogaeth a llety”) means a plan required by section 63A;

;

“prisoner” (“carcharor”) means a person who is—

(a)

serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 222 of the Sentencing Code,

(b)

remanded in or committed to custody by an order of a court, or

(c)

remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10);

;

“primary care services” (“gwasanaethau gofal sylfaenol”) means services provided under or by virtue of Parts 4 to 7 of the National Health Service (Wales) Act 2006 (c. 42);

;

“private registered provider of social housing” (“darparwr tai cymdeithasol preifat cofrestredig”) has the meaning given by Part 2 of the Housing and Regeneration Act 2008 (c. 17);

;

“secure children’s home” (“cartref diogel i blant”) means—

(a)

accommodation in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) to provide a secure accommodation service within the meaning of Part 1 of that Act.

(b)

accommodation that is provided in a children’s home in England, within the meaning of the Care Standards Act 2000 (c. 14)—

(i)

which provides accommodation for the purposes of restricting liberty, and

(ii)

in respect of which a person is registered under Part 2 of that Act;

;

“registered social landlord” (“landlord cymdeithasol cofrestredig”) has the meaning given by Part 1 of the Housing Act 1996 (c. 52);

;

“reserved authority” (“awdurdod a gedwir yn ôl”) has the meaning given by paragraph 8(3) of Schedule 7B to the Government of Wales Act 2006 (c. 32);

;

“specified person” (“person penodedig) means the persons set out in section 94B(1);

;

(b)

omit the definitions of “associated”, ”domestic abuse”, “help to secure”, “intentionally homeless”, “looked after, accommodated or fostered” and “priority need for accommodation”;

(c)

in the definition of “help under this Chapter”, omit “, 73,”;

(d)

in the definition of “youth detention accommodation”, in the Welsh text, for “cartref plant diogel” substitute “cartref diogel i blant”.

(20)

In Schedule 2 (eligibility for help under Chapter 2 of Part 2)—

(a)

in paragraph 1(1) omit “, 73”;

(b)

in paragraph 1(5)—

(i)

in paragraph (a), after “homelessness” omit “, or”;

(ii)

omit paragraph (b).

Renting Homes (Wales) Act 2016 (anaw 1)4(1)

The Renting Homes (Wales) Act 2016 is amended as follows.

(2)

In Schedule 2, in paragraph 12(5), in paragraph (a) of the definition of “homelessness housing functions”, omit “73,”.